21 Pa. D. & C. 82

Fowler’s Estate

Before Lamorelle, P. J., and Gest, Henderson, Van Dusen, Stearne, and Sinkler, JJ.

*83June 1, 1934.

Daniel R. Rothermel, for exceptants; Charles S. Schofield, contra.

Lamorelle, P. J.,

We might well rest the dismissal of all exceptions on the opinion of the learned auditing judge, and this covers exceptions by a distributee, as well as that of the fiduciary. We feel impelled, however, to call attention to the elaborate discussion by Judge Gest in his dictum in Tobey’s Estate, 10 D. & C. 229, and to the opinion of the court, written by the same judge, in Frick’s Estate, 13 D. & C. 536; also to the fact so frequently determined by us, that exceptions by a fiduciary must, under our rules, be signed and sworn to (see Estate of Martha E. MacDonald, deceased, no. 3249 of 1932, per curiam, November 24, 1933); and to the further fact that counsel for the exceptant, in his statement of the question involved, states that all *84the people agree, which is not so in fact, the Commonwealth having a claim and because of its claim being a party in interest. Further comment is unnecessary. All exceptions are dismissed, and the adjudication is confirmed absolutely.

Fowler’s Estate
21 Pa. D. & C. 82

Case Details

Name
Fowler’s Estate
Decision Date
Jun 1, 1934
Citations

21 Pa. D. & C. 82

Jurisdiction
Pennsylvania

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